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Court of Criminal Appeals of Texas· 5/21/2003

Wallace v. State

Citations

  • 106 S.W.3d 103
  • 2003 Tex. Crim. App. LEXIS 95
  • 2003 WL 21184324

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding trial court abuses its discretion in failing to hold hearing on motion for new trial when motion for new trial and accompanying affidavit(s) “rais[e] matters not determinable from the record, upon which the accused could be entitled to relief”
  • holding trial court abuses its discretion in failing to hold hearing on motion for new trial when motion for new trial and accompanying affidavit(s) “rais[e] matters not determinable from the record, upon which the accused could be entitled to relief”
  • the purpose of a hearing is to allow the defendant an “opportunity to fully develop the matters raised in his motion”
  • “To be sufficient to entitle the defendant to a hearing, the motion for new trial and accompanying affidavit(s) ‘need not establish a prima facie case’ for a new trial.”
  • defendant is entitled to hearing on motion for new trial to make a record of matters not determinable from the record if the defendant establishes the existence of “reasonable grounds” showing that the defendant “could be entitled to relief”
  • defendant is entitled to hearing on motion for new trial to make a record of matters not determinable from the record if the defendant establishes the existence of \reasonable grounds\ showing that the defendant \could be entitled to relief\

Source: CourtListener parenthetical corpus (CC0).

Judges: Holcomb, Keller, Meyers, Price, Keasler, Hervey, Cochran, Johnson, Womack

Read full opinion on CourtListener

Cited by

327 cases in this archive cite this case; the 20 most cited are listed.

Cites

6 cases in this archive are cited by this case.

Other cases named Wallace v. State

467 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.